Circumpolar Indigeneity in Canada, Russia, and the United States (Alaska): Do Differences Result in Representational Challenges for the Arctic Council?

Sidorova, Evgeniia

doi:10.14430/arctic67955

Cited by 10 publications

(5 citation statements)

References 10 publications

(32 reference statements)

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“…It has continued through the establishment of the Arctic Council in 1996, which has since provided a forum for circumpolar planning, policy making, and agreements without formal legislative or binding authority. Th e growing importance and role of international accords in the region have included the United Nations Convention on the Law of the Sea (which came into force in 1994), and the Arctic Search and Rescue Agreement amongst Arctic states (which came into force in 2013) among many other agreements, which have led to the emergence of the Circumpolar North as perhaps the most signifi cant and successful region in the world in terms of intra-regional legal collaboration and problem solving (Coates and Broderstad, 2019;Sidorova, 2019;Wilson, 2019;Bankes, 2019Bankes, , 1980English, 2013;Shadian, 2018;Byers, 2013;Coates et al, 2010;Rothwell, 1996;Sanders, 1983).…”

Section: Arctic International Law and Policymentioning

confidence: 99%

Reflections on the Evolution of Legal Systems in the Canadian North

Coates

2020

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Th ere is a tendency, perhaps primarily among non-lawyers and the general public, to see the law-and justice, its apparent near synonym-as fi xed and unchanging concepts. Th ere is a general belief that certain actions, such as murder and robbery, are inherently wrong and are unacceptable in all societies at all times. We know that laws, legal processes, and punitive systems are created to provide structure for the regulation, control, and sanctioning of human behaviour, and, in the process, to keep a society safe, secure, and untroubled. Th is seems relatively straightforward. Th e reality, of course, is far more complicated. As societies change and become more diverse, the law morphs into something much more intricate.Working with my colleagues on this special issue of the Northern Review focused on law in the Canadian North brought home the importance of understanding the broader contexts of the law and legal processes. For practitioners, the nature of the law has true immediacy and signifi cant real-world consequences, and must be understood in terms of existing processes, effi ciencies, strengths, and weaknesses. For academics immersed in the theory and concepts such as crosscultural equity, fairness, and eff ectiveness, the law and legal systems are to be investigated and challenged. Both exercises are valuable, for the system must be managed and adjusted appropriately while the larger questions are explored.

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Section: Arctic International Law and Policymentioning

confidence: 99%

Reflections on the Evolution of Legal Systems in the Canadian North

Coates

2020

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“…Neither the Soviet nor the Russian governments have officially recognized the colonization of Indigenous lands. As a result, Indigenous land claims in the country remain unrecognized (Sidorova, 2019).…”

Section: Estimationmentioning

confidence: 99%

“…This article examines the articulation and expression of Indigenous identity and rights in one of the most challenging, and perhaps least studied, cases-that of Siberia in the Soviet Union era . In the Union of Soviet Socialist Republics (USSR) and contemporary Russia, only Indigenous groups whose populations are less than 50,000 are recognized by the government as Indigenous Peoples (Consultant Plus, 1999;Sidorova, 2019). Larger Indigenous groups, such as the Yakut (Sakha) people who are the focus of this article, are frequently categorized as ethnic minorities or titular nations (Balzer & Vinokurova, 1996;Laruelle, 2013).…”

mentioning

confidence: 99%

Being Indigenous in an Unlikely Place: Self-Determination in the Yakut Autonomous Soviet Socialist Republic (1920-1991)

Sidorova

Rice

2020

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How and why is Indigeneity expressed differently in different contexts? This article examines the articulation and expression of Indigenous Rights in one of the most challenging contexts—that of Siberia in the Soviet Union era. Based on primary, archival research carried out in the Republic of Sakha, Russia, the review finds that re-claiming and re-defining Indigeneity can serve as the first step in crafting an effective challenge to the domination and control exercised by states over Indigenous populations. The study of Indigeneity in unlikely places has important ramifications for Indigenous Peoples worldwide who are struggling against colonial-minded governments that have not only deprived Indigenous Peoples of their lands and resources, but also suppressed their right to self-identification through imposed administrative definitions of Indigeneity.

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“…14 A lack of effective Indigenous representation on the Arctic Council is evident, even with the Permanent Participant status of Indigenous peoples' organizations. 15 While adding more Permanent Participants or Indigenous organizations to the Arctic Council has been proposed, the structure of the Arctic Council limits additionsthe number of Permanent Participants cannot be more than the number of states. 16 According to Sidorova, solving this problem of underrepresentation requires reconsideration of the legal concept of indigeneity.…”

Section: Introductionmentioning

confidence: 99%

Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges

Sharapova

Seck

MacLeod³

et al. 2022

Arctic Review

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The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and Indigenous rights in the Arctic with attention to the implications for Arctic Ocean governance. The article first introduces international legal instruments of importance to Indigenous peoples and their rights in the Arctic. Then it considers the domestic legal and policy frameworks that define Indigenous rights and interests in Russia and Canada. Despite both states being members of the Arctic Council and parties to the United Nations Convention on the Law of the Sea, there are many differences in their treatment of Indigenous peoples with implications for Arctic Ocean governance.

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Circumpolar Indigeneity in Canada, Russia, and the United States (Alaska): Do Differences Result in Representational Challenges for the Arctic Council?

Cited by 10 publications

References 10 publications

Reflections on the Evolution of Legal Systems in the Canadian North

Reflections on the Evolution of Legal Systems in the Canadian North

Being Indigenous in an Unlikely Place: Self-Determination in the Yakut Autonomous Soviet Socialist Republic (1920-1991)

Indigenous Rights and Interests in a Changing Arctic Ocean: Canadian and Russian Experiences and Challenges

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